TERMS OF USE

Last updated: August 2018

This application is owned and operated by Foray Coffee, LLC, a Washington Limited Liability Company (referred to hereafter as “Foray,” “we,” “us,” or “our”). We offer this application, including all information, tools, and services available from and related to this application (“the App”), subject to the terms, conditions and notices contained in these Terms of Use and the Privacy Policy [hyperlink] (collectively, “these Terms”). Please read these Terms carefully. By accessing and using the App in anyway, you are acknowledging that you have read, understood, and agreed to these Terms and you represent and warrant that: (1) you are at least 18 years old and capable of forming a binding contract with Foray and are not barred from using our App under applicable law or (2) that your parent or guardian has consented on your behalf to your use of our App. Your access to and use of the App are conditioned on your acceptance of and compliance with these Terms. 

ACCURACY OF INFORMATION. All of the information, analysis, materials, opinions, advice, or other statements (collectively, “Content”) on the App is for entertainment and educational purposes only. The App acts as a distributor of Content supplied by third parties. While the Content is believed by us to be honest and accurate, we and our third party providers do not guarantee the accuracy, completeness, usefulness or timeliness of the Content on the App. We do not endorse nor have any responsibility for any Content on the App by anyone other than our authorized employees or spokespersons while acting in their official capacities. 

CHANGES TO CONTENT & AVAILABILITY OF SERVICE. We may make improvements and/or changes to the Content and/or the App at any time in our sole discretion. And while it is unlikely, we may also choose to cease publication at any time in our sole discretion. Periodic updates to this App are not guaranteed and we cannot guarantee that the App will be up or fully operational at all times. In the event that we determine in our reasonable opinion that you have failed to comply with these Terms, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our App; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.     

ENDING THESE TERMS. The Terms will continue to apply until they are terminated by either you or Foray in accordance with this section. You may end your legal agreement with Foray at any time for any reason by deactivating your account and discontinuing your use of the App. You do not need to specifically inform Foray if you stop using the App. We may suspend or terminate your account or cease providing you with all or part of the App at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the App to you is no longer commercially viable. Nothing in this section shall affect Foray’s rights to change, limit or stop the provision of the App without prior notice.

PURCHASE DECISIONS. The Content on the App should never be relied upon as the sole basis for making any purchase decisions. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the App. Any reliance on the Content on the App is at your own risk, and you assume any and all risks associated with your purchase decisions. We do not advocate the purchase or sale of any particular products. We and our third-party providers, affiliates, agents, and licensors may be active investors in marketplaces related to this App and may or may not have open investment positions in any product mentioned on the App. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the App. 

DISCLAIMER.  THE APP, INCLUDING ITS CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR THIRD PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE APP, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS. 

FORAY RELIES UPON COFFEE SHOPS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. FORAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

Foray and our content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these offerings, give tax or product advice, or advocate the purchase or sale of any product. Due to the number of sources from which Foray content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content.

LIMITATION OF LIABILITY. Under no circumstances shall Foray, its officers, directors, agents, third-party providers, affiliates, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys' fees), or any loss of profits or revenues or loss of data, use, good-will, business opportunity, or other intangible losses, whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the App, even if Foray has been advised of such damages. If you are dissatisfied with any Foray Content or other materials, or with any of the terms and conditions contained in the App, your sole and exclusive remedy is to discontinue using Foray. If Foray or any of its third-party providers, affiliates, agents, or licensors are found liable in connection with a claim arising out of or related to the services or the Content, their aggregate liability in such an event shall not exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you paid Foray, if any, in the past six months for the services giving rise to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Foray, or its third-party providers, affiliates, agents, or licensors. 

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Foray has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. However, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

INDEMNIFICATION. You hereby indemnify, defend and hold harmless Foray and all officers, directors, owners, agents, third-party providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Foray reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

SECURITY. You are responsible for safeguarding the login information that you use to access the App and for any activities or actions under your login information. Foray cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must treat such information as confidential. You must not disclose it to any third party. You are solely and fully responsible for all activities that occur under your password or account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

RESTRICTIONS ON USE. All materials published by Foray, including, but not limited to App Content, images, illustrations, price information, reviews and email newsletters (“Information”) are protected by copyright, and owned or controlled by Foray or its third-party providers. You must access the Information manually and not programmatically by macro or other automated means, such as data mining, robots, or similar gathering and extraction tools. You may not use the contents for any unlawful purpose. You may not do any of the following while accessing or using the App: (i) access, tamper with, or use non-public areas of the App, Foray’s computer systems, or the technical delivery systems of Foray’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the App by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the App to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the App.

LIMITED LICENSE. We grant you permission to use the Information available from this Foray App, provided that (1) the copyright notice below and permission notice below appear in all copies visibly and unmodified, (2) use of Information available from this Foray App is for informational and non-commercial or personal use only, and (3) no Information available from this Foray App is modified in any way. Except for the specified uses above and reprint uses described below, no part of the Information available from the App may be copied, photocopied, reproduced, republished, licensed, distributed, performed, displayed, uploaded, posted, translated, altered, retransmitted, broadcast in any way, exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of Foray. If you copy, reproduce, or retransmit any part of our App in breach of these Terms, your right to use our App will cease immediately and you must, at our option, return, or destroy, or recall any copies of the materials you have made.

ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS.

To request consent for other matters, please contact Foray at support@ForayCoffee.com.

THIRD-PARTY LINKS: Foray may contain links to other apps and websites that may be of interest to the reader. Foray has no control over nor responsibility for the content found on those apps or websites or their accessibility. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or apps. 

FORAY RIGHTS. All right, title, and interest in and to the App are and will remain the exclusive property of Foray and its licensors. The App and related services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use Foray’s name, trademarks, logos, domain names, or other distinctive brand features. Should you provide Foray any feedback, comments, or suggestions regarding the App, such provision is entirely voluntary and Foray may, in its sole discretion, use such feedback, comments, or suggestions as we see fit without any obligation to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. 

Foray reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Foray, its users and the public. Foray also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.

ADVERTISEMENTS. The App may include advertisements, which may be targeted to the Content or Information on the App, queries made through the App, or information about your visit to the App. The types and extent of advertising by Foray on the App are subject to change. In consideration for Foray granting you access to and use of the App, you agree that Foray and its third party providers and partners may place such advertising on the App or in connection with the display of Content or Information from the App whether provided by you or others. 

Any and all advertising content on the App is the sole responsibility of the business or advertiser who originated such content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such content. Any use or reliance on any content or materials displayed on the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications displayed via the App or endorse any opinions expressed via the App. You understand that by using the App, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Foray be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the App or elsewhere.

IP & COPYRIGHT NOTICE. We are the owner or the licensee of all intellectual property rights in our App and in the material published on it. Except where indicated, all content on this App is Copyright © by Foray Coffee, LLC, Wenatchee, Washington. All rights reserved. When reprinting charts physically or electronically or copying content for other purposes where providing Foray’s copyright notice is required, you may provide this copyright notice by placing “© Foray” somewhere near the reprinted chart. For our charts, “© Foray” automatically appears within the image, and therefore you must simply avoid cropping that notice out of the image. 

PERMISSION NOTICE. Permission to use the Information available from this Foray App is granted, provided that (1) the copyright notice and permission notice appear in all copies visibly and unmodified, (2) use of Information available from this Foray App is for informational and non-commercial or personal use only, and (3) no Information available from this Foray App is modified in any way.

For other instances in which you reproduce Foray content, consistent with the above terms or with express permission of Foray, you must place “Used with permission from Foray, Inc.” somewhere near the reproduced content.   

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged, and any copyright, trademark and other proprietary rights notices must appear and remain intact on all copies.

TRADEMARKS. The following terms are trademarks of Foray: “Foray”; the App’s fox icon (). Other product and company names mentioned herein may be the trademarks of their respective owners.

INTERACTIVE SERVICES. We may from time to time provide interactive services on our App, including, without limitation: User-maintained help Apps, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

The use of any of our interactive services by a minor under 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

UPLOADING CONTENT TO OUR APP. Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you represent and warrant that your uploaded content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person, entity or system. You will be liable to us and indemnify us for any breach of that warranty and all claims resulting from your uploaded content. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our App will be considered non-confidential and non-proprietary. We will not be liable for its use or disclosure. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App a limited license to use, store, and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the above standards. You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD. When you upload or post content to our App, you grant us (and other users of the App) a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform that content.  You grant us the right to use your name, image, likeness, voice, or other personal indicia, identifying characteristics or information in association with your content, if we so choose.

If you submit ideas, suggestions, and/or proposals to us, you do so voluntarily and with no expectation of confidentiality. By submitting any of the foregoing items, you grant us ownership of the ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation, attribution or payment. You understand that we may have something similar to such ideas, suggestions, and/or proposals under consideration or in development.

USER-GENERATED CONTENT IS NOT APPROVED BY US. Our App may include information and materials uploaded by other users of the App, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values and we are not at fault if the User is exposed to offensive content expressed by other users. If you are a copyright or trademark owner (or an authorized representative of such) and wish to report an alleged act of copyright and/or trademark infringement, please refer to the section below entitled “Digital Millennium Copyright Act (DMCA).”

CONTENT STANDARDS. These content standards apply to any and all material which you contribute to our App, and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. 

Contributions must: Be accurate (where they state facts); Be genuinely held (where they state opinions); Comply with applicable law in any country from which they are posted.

Contributions must not: Contain any material which is defamatory of any person; Contain any material which is obscene, offensive, hateful or inflammatory; Promote sexually explicit material; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Infringe any copyright, database right or trade mark of any other person; Be likely to deceive any person; Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal activity; Be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; Be likely to harass, upset, embarrass, alarm, or annoy any other person; Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; Give the impression that they emanate from us, if this is not the case; Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.  

We reserve the right to remove any content that we believe, in our sole discretion, is offensive or violates these content standards. 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers."

If you are a copyright and/or trademark owner, or are authorized to act on behalf of one or authorized to act under any exclusive license of such right, please report alleged acts of infringement taking place on or through our App and services by completing the following DMCA Notice of Alleged Infringement through the process described below. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate. 

To provide Notice of Alleged Infringement ("Notice"): (1) Identify the copyrighted work(s) and/or trademark(s) that you claim has been infringed; (2) Identify the material(s) and/or link(s) you claim is infringing and that access to which is to be removed or disabled; (3) Provide your mailing address, telephone number, and, if available, email address; (4) Include both of the following statements in the body of the Notice - "I hereby state that I have a good faith belief that the disputed use of the copyrighted and/or trademarked material is not authorized by the owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright and/or trademark or of an exclusive license under such right that is allegedly infringed."; (5) Provide your full legal name and your electronic or physical signature; (6) Deliver this Notice, with all items completed, to support@ForayCoffee.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. 

We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.

MODIFICATION OF THESE TERMS AND CONDITIONS. Foray reserves the right to change this Terms of Service agreement at any time by revising the terms and conditions herein, including, but not limited to, adding fees and charges for use. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the App, or by electronic or conventional mail. You can access the latest version of this agreement at the bottom of any page on the Foray App. Continued use of this Foray App following any such changes shall constitute your acceptance of such changes. If you do not accept these terms and any subsequent changes, you must cease using the App.

GENERAL. This agreement is governed by the laws of the State of Washington, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Chelan County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Foray App. Use of this Foray App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. However, if you are a federal, state, or local government entity in the United States using the App in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).

WAIVER. Foray’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

SEVERABILITY. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

DISPUTE RESOLUTION – AGREEMENT TO ARBITRATE. You agree that any dispute, claim or controversy between you and Foray arising out of or relating to these Terms of Use or Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof or the use of the App will be settled by binding arbitration between you and the Foray, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts for the City of Wenatchee, State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.  You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Foray otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://www.adr.org/ActiveRules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.  Unless you and Foray otherwise agree, the arbitration will be conducted in Seattle, Washington by one arbitrator. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.

ENTIRE AGREEMENT. This agreement, in concert with the Membership Agreement for those who are members, constitutes the entire agreement between you and Foray with respect to the App. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Foray with respect to the App. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please [contact us] if you have any questions about this agreement.

Privacy Policy

Last updated: August 2018 

Foray Coffee, LLC, a Washington Limited Liability Company (referred to hereafter as “Foray,” “we,” “us,” or “our) has created this Privacy Policy in order to demonstrate our commitment to the privacy of those that visit and use our App (“Users,” “you,” “your”). We are committed to not sharing your Personal Information (defined below) with advertisers or spammers. The following discloses the information gathering, storage, and dissemination practices of Foray (the “App,” “we,” “us,” “our”), including: 

1. What Personal and non-Personal Information Foray collects about Users.

2. What Personal and non-Personal Information third parties collect about Users through the App.

3. What organizations collect this User information.

4. How Foray uses this User information.

5. With whom Foray may share this User information.

6. What choices are available to Users regarding collection, use, and distribution of this information.

7. What type of security procedures are in place to protect the loss, misuse, or alteration of information under Foray’s control.

8. How Users can correct any inaccuracies in the information.

By visiting the App, you are accepting and consenting to the practices described in this Privacy Policy. If you have any objections to the Privacy Policy, you should immediately discontinue use of the App and its services.

This Privacy Policy may change from time to time, so please regularly view it here.

If you have any questions or concerns regarding this Privacy Policy, please send them to support@foraycoffee.com

1. What Personal Information Foray Collects

We collect Personal Information on the App. “Personal Information” means information that can be used to identify or contact an individual and may include, but is not limited to, your first and last name, by itself or combined with your unique user ID, password, gender, date of birth, address, email address, interests, hobbies, photos, phone numbers, your brand preferences, your Facebook, Twitter or other social media handles, your geographic location if you are accessing the App from a GPS-enabled mobile device, any other personal profile or account information you choose to submit through our App, and (if applicable) your company name and business contact information. Foray or its third party payment transactions services provider may also collect credit, debit, or other billing account information. You may always choose not to provide Personal Information, but this may prevent you from receiving certain services. 

Foray Coffee, LLC is the sole owner of the information collected on Foray. We collect information from our Users at several different places on our App. We do not collect Personal Information from free Users of our App. However, we require several key pieces of Personal Information from Users that wish to subscribe to our free and paid services. 

If you choose to use our App’s social networking function to share App content on Facebook, Twitter, or any other social networking site, we may collect your user ID and password information for that social networking site as necessary to make it easier for you to log in to the App or to interact with your social networks in other ways. Foray may also collect your telephone number, which we may use to verify Users and prevent duplicative accounts. 

We may also collect non-Personal Information (aggregate, non-individually identifiable or demographic information). An example of non-Personal Information is system-related information such as IP addresses, click-through and other App use information, browser and browser speed, bandwidth of your Internet connectivity, general location of your server and the pages of our App that were viewed during a visit. 

Please note that the App may provide links to third party apps and sites, such as links to the sites and apps advertisers and other third-party organizations, businesses, and merchants who have agreed to make ad content and offers available to our Users on the App. We are not responsible for the privacy policies, practices, or the content of websites owned by others that you may link to or that may be linked from the App. We, therefore, encourage you to review the privacy policies and terms of service of those websites so that you understand how those websites collect, use, and share any Personal Information.

2. Providing Important Information to Foray

We recommend that Users do NOT place sensitive information, such as account numbers and passwords, on Foray. Like most online services, we cannot fully guarantee the safety and privacy of such information, whether Personal Information, non-Personal Information, payment information, or other types of information.  In addition, we strongly recommend that you do not re-use an existing password as the password for your Foray account.

3. Registration

In order to access certain areas of the App, a user must first complete a registration form. During registration, a user is required to give contact information, including name and email address. We use this information to ensure account security and uniqueness and to contact a user in case a problem occurs. In addition, registered Users must provide payment information (such as credit card number and expiration date). This information is used for billing purposes only.

Note: Credit Card numbers are transmitted directly to our payment processor and never actually enter our systems.

4. How Foray Utilizes Personal Information

Foray may use Personal Information to: market our products and services to Users; set up and manage User accounts; improve online operations; process transactions (for example, any credit, debit or other billing account information collected from you will only be used to process transactions requested by you); carry out our obligations arising from any contracts or other arrangements entered into between you and us; send text messages and notifications to your cell phone to inform you about special offers; provide customer service; send Users newsletters, RSS feeds, and/or other communications or services that you have signed up for or otherwise agreed to receive (for example, messages about special offers); display content customized to your interests or preferences (for example, we may target you with select custom ads, messages and offers, basing our selections on information you provide); send account- or transaction-related communications such as welcome letters and transaction confirmations; perform research and analysis aimed at improving our products, services and technologies; allow you to participate in interactive features of our service, when you choose to do so; manage our systems; keep our App safe and secure; and notify you about changes to our products or services. 

We will only use your Personal Information in the ways we specified when it was collected (including as described in this Privacy Policy). We may use your non-Personal Information (including but not limited to Personal Information that has been de-identified and/or aggregated) for any reason in Foray’s sole discretion. Any geolocation data collected from your mobile device will also be used for the purpose of delivering customized services and ads. However, advertisers will not have direct access to your location and will not be able to view your location on a map.

Below is additional detail regarding the user information we collect:

a. Profile

A profile is stored information that is kept on individual Users that details their viewing preferences and is then used for marketing purposes. Foray does not use stored user settings for marketing purposes. User settings (default settings, favorite lists, etc.) are kept solely for the purpose of customizing our paying Users’ visits. We do not share your profile with other third parties. 

b. Cookies and Automatic Information Gathering Technologies

We and our advertisers, authorized service providers, and ad networks may use various activity tracking technologies, such as cookies, pixels, and web beacons, to collect information from any computer or mobile device you use to access the App about your activities on the App or interaction with our advertisements. A cookie is a small amount of data stored on the hard drive of your computer or phone that allows your computer or phone’s browser to store your preferences and allows Foray, advertisers, and authorized service providers to identify you by a unique identifier and associate this with corresponding information in our or their database. In other words, a cookie helps distinguish you from other Users and provides you with an improved experience when you browse our App. Through the use of a cookie, we and these companies may store your non-Personal Information and user preferences and may also automatically collect information about your online activity on our App, such as the web pages you visit, the links or advertisements you click, or the other actions you conduct while on our App.  

We use both session ID cookies and persistent cookies. For the session ID cookie, once you close your browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following your browser’s help file directions or by following other instructions on your phone. If you reject the use of cookies, you will not be able to access the paid areas of Foray, however you will still be able to use the free areas of the App.

Some of our business partners may use cookies on our App (for example, advertisers). However, we have no access to or control over these cookies.

We may set a cookie on your computer or phone when you view our advertisements delivered on or in connection with a third-party website you are visiting. After a cookie is set, Foray may track how you interact with the ad (for example, registering, purchasing, clicking, browsing, etc.). 

We do not tie tracking cookies used for behavioral or targeted advertising purposes to any Personal Information you submit while on our App; however, cookies may be tied to your Personal Information solely for purposes of effectuating transactions you have requested and similar purposes related to the operation of our App (such as managing our relationships with advertisers and tracking, processing, maintaining, and redeeming your credits on the App). Cookies do NOT, however, collect Personal Information. 

We may use other standard Internet activity tracking technologies, such as web beacons and similar technologies, to track your use of our App or our ad content. A web beacon is a programming code used to display an image on a web page and can also transfer an individual’s user identification to a database and associate the individual with previously acquired information about the individual. Web beacons collect only limited information, which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Such information may be used in targeted or behavioral advertising. 

We may include web beacons in promotional e-mail messages or newsletters or online advertisements to determine whether messages have been opened or acted upon. We may use the information we obtain in this manner to customize the Services, ad content, and offers we provide to users via our App, to deliver targeted advertisements through such vehicles, and to measure the overall effectiveness of our online advertising, content, programming, or other activities. We may also carry web beacons placed by third party advertisers. These beacons do not carry any Personal Information and are only used to track the effectiveness of a particular campaign.

C. Geo-location Data Usage

The use of geo-location data from the phones and/or devices of our customers is a fundamental, required part of our service and business. Our app will not work without access to our customer’s geo-location data. However, we do not intensively monitor our customer’s location information other than the period of time between the customer building/placing an order and the customer picking up an order. Other events that would require us to access customer geo-location data are: checking for nearest pickup locations and customization of a menu item’s availability based on the customer’s current location. If a customer does not want to make their location information available to us, the Foray app will not work, and the customer should cease use of the app and uninstall it from their device. 

5. Communications for Foray

a. Account Administration

We send all new members a text message to verify the phone number associated with their account. We send a welcome email to members who enter their email address in their account profile. We also send messages to members when important events have occurred, e.g. account closure, problems with payment methods, customer rewards earned, etc. Users cannot opt-out of these types of messages, though they can deactivate their account.

b. Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is interrupted for a prolonged period we might send all Users an email message. Users cannot opt-out of this type of messages, though they can deactivate their account.

c. Customer Service

In response to a User’s direct inquiry, we will send an email to provide assistance with the User’s account or their use of the App.

6. With Whom Foray May Share User Information

If you are a User, in order to effectively manage the App, your non-Personal Information (including, without limitation, de-identified, aggregated Personal Information) may be disclosed to partners and advertisers to facilitate account-related activities, manage and improve our App, and serve relevant advertisements to you. In addition, we may disclose Personal Information and non-Personal Information to employees, companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our App, marketing of our products and services, conducting audits, and performing web analytics). We may also disclose non-Personal Information to our clients, business partners, merchants, advertisers, investors, potential buyers, and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications. 

We do NOT sell, rent, share or trade your Personal Information to third parties for their own marketing purposes unless you have granted us permission to do so. We may, however, allow advertisers to request that their advertisements are directed at certain Users (e.g., Users in a certain geographic location, or age, gender and / or with certain interests). In the event that you interact with a certain advertisement, the advertiser (or the company with which the advertiser works, for example, its ad agency or an advertising network) may determine certain characteristics about you.

Please note also that if you choose to use our social networking function to post information to Facebook, Twitter or another social networking site, anyone who has access to your information through that other site will be able to see your information. 

a. Legal Disclaimer

Though we make every effort to preserve User privacy, we may disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to: (a) enforce or apply the terms and conditions of the App, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users, or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security, or technical issues. 

b. Aggregate Information

We may share broadly aggregated demographic information with our partners and advertisers. An example of this kind of information is the number of pages served each day, week, or month. This information is not linked to personally identifiable information in any way.

c. Third Party Intermediaries

We use a credit card processing company to bill Users for goods and services and an outside shipping company to ship orders. These companies do not retain, share, store, or use personally identifiable information for any secondary purpose.

7. Minors

We do not knowingly collect Personal Information from individuals under 13 years of age. Nor do we authorize users who are less than 13 years old to use the App. If we learn from the individual or from the individual’s parent or legal guardian that we have collected Personal Information about a person under the age of 13, we will delete their Personal Information from our systems within a commercially reasonable period of time.

8. Business Transitions

Foray reserves the right to sell or transfer information (including your Personal and non-Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business, and you hereby consent to any such sale or transfer. If any such transfer is required, we will make reasonable efforts to notify you in writing in advance by posting a notice on the App and/or emailing you at your contact email address of record, and we will make reasonable efforts to ensure that the transferee will continue to use any Personal Information collected from you prior to the transfer in accordance with the terms of the then-current version of this Privacy Policy.

9. Opting Out

Paying members who no longer wish to receive optional mailings from us can opt-out using the unsubscribe link included at the bottom of the email. They can also opt-out by contacting support@foraycoffee.com.

10. Links

This App contains links to other apps and websites. Please be aware that we are not responsible for the privacy practices of other apps and sites. We encourage our Users to be aware when they leave our App and to read the privacy policies of each and every website and app that they visit. This Privacy Policy applies solely to information collected by this App.

11. Tell-a-Friend

This App contains links that allow Users to send information to others via text and/or email messages. Foray does not store or use any email addresses entered into our “tell-a-friend” style links.

12. Storage and Security

Foray takes every reasonable precaution to protect our Users’ sensitive information  ̶ including Personal Information and payment information ̶ from loss, theft, copying, unauthorized disclosure, use, or modification. When Users submit sensitive information via the App, that information is protected both online and off-line.

Foray conforms to the PCI compliance guidelines for safe transmission of payment information. Payment information (i.e., credit card numbers) are never sent or stored on our servers. Instead, they are transmitted directly to a third-party service. 

We also protect our Users’ sensitive Personal Information, specifically their user IDs, passwords, and contact information using industry standard SSL encryption. We also do everything in our power to protect user information off-line. All of our Users' information is restricted in our offices. Only employees who need to see the information to perform their jobs are allowed access. The servers that store personally identifiable information are located in a secure environment in a locked facility, whether in our offices or on third-party servers such as Amazon’s cloud services. Regular backups of private information are kept under lock and key. All employees are briefed regularly on our privacy policy and practices.

Technical safeguards (including, but not limited to, dedicated firewall computers, passwords, and encryption) are in place to minimize as much as possible the disclosure of sensitive and private user information. We also limit staff access and their ability to enter or view information in the App based upon their role in your case. 

Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.  You are responsible for keeping the user name and password you use for accessing our Services confidential. We ask you not to share it with anyone.

When you use our App on your computing device, your information may be stored locally on that device as well. We cannot guarantee the security of such locally-stored information.

We reserve the right to retain information collected about you indefinitely for business, legal, or tax purposes. However, we strive to retain this information for only as long as it is necessary for the above purposes, and to destroy it afterwards to prevent unauthorized parties from gaining access to this information.

13. Updating Personal Information

When you use our App, we make a good faith effort to provide you with access to your Personal Information and to either correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We provide a way for Users to update their Personal Information on our App. Newsletter subscribers can change their email address on this page. Paying members can update their information using the “Account” link in the App. 

Please be aware that if you delete your Personal Information, you may not be able to continue to use the App. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit, and/or dispute resolution requirements.

At a minimum, for our app to function, every user must have their own account with a unique phone number, valid payment information, mobile network data access and GPS data/location services enabled for our access from their phone or device. Without all of this information, some of which may be Personal Information, our app will not function.

14. Public Message Boards and other Online Forums 

Please note that when you choose to post messages and/or profile content on messages boards and other online forums that we may make available on our App, such content may be viewable by other Users or third parties and, in the case of public online forums and any public profiles, is publicly viewable. Accordingly, you should exercise discretion with regard to what Personal Information you post on our App and you should not post highly confidential or sensitive information. Foray is not responsible for how third parties who view your Personal Information on these message boards, forums, and public profiles and may use this information (such as to send you unsolicited messages).

15. California Privacy Rights

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. 

We will not share Personal Information about you with third parties for their own direct marketing purposes unless you affirmatively agree to such disclosure – by, for example, opting in to receive information from a third party through our App. To prevent disclosure of your Personal Information for use in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide Personal Information on our App. 

Please note that whenever you choose to share your Personal Information with a third party or allow your Personal Information to be shared with a third party to communicate with you (for example, if you are a User, to facilitate your acceptance and/or receipt of special offers from an advertiser), your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. 

California Customers may request further information about our compliance with California’s privacy law by e-mailing us at support@foraycoffee.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

If you are under 18 years of age and live in California, you have the right to request us to remove content that you post on our App (“Minor Posted Content”). Upon receipt of a removal request by email to support@foraycoffee.com, we will use commercially reasonable efforts to remove Minor Posted Content from our App. Any such request to remove Minor Posted Content does not ensure complete or comprehensive removal of the Minor Posted Content.  

16. Changes to this Privacy Policy

This Privacy Policy is subject to occasional revision. Foray may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on the App. We encourage you to check this Privacy Policy from time to time and to refer to the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we decide to change our Privacy Policy, we will post those changes on this App and place a notice of such changes on our home page and other places we deem appropriate.

If we decide to start using Users’ Personally Information in a manner different from that stated here at the time of collection, we will notify Users via email and/or by posting a notice on our App for 30 days.

Your continued use of our App following the effective date of an updated Privacy Policy constitutes your consent to the contents of such policy. However, we will not apply any material changes retroactively to any information we collected from you before such changes take effect, without your affirmative consent to do so. 

IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING OUR APP AFTER THE EFFECTIVE DATE OF SUCH CHANGES. 

Please note that upon discontinuing use of the App, any Privacy Policy in effect immediately prior to your departure shall continue to be binding on you and applicable to any data or information (including, without limitation, Personal Information) collected from you prior to such departure.

17. User Consent 

By using the App, you agree to the terms of this Privacy Policy and expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy. Information gathered through the App may be transferred, used, and stored in the United States and in any foreign jurisdictions in which we, our agents, service providers, customers, and other Users of the App are located. If you use the App, you consent to the transfer, use, and storage of your Personal Information to and in those jurisdictions. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You further agree that all transactions relating to the App shall be deemed to have occurred in the United States.

This Privacy Policy incorporates by reference Foray’s Terms of Use for any User, whether a member of the App or not, and the Membership Agreement for members of the App. By agreeing to the Privacy Policy, you agree to the Terms of Use, and vice versa. If you are a member, by agreeing to the Privacy Policy, you also agree to the Membership Agreement, and vice versa.

18. Contact Information

If you have any questions, comments, requests, complaints, or suggestions regarding our Privacy Policy, or if you believe that we have not complied with our Privacy Policy with respect to your Personal Information or that another User has violated your privacy rights, please contact us using our web-based feedback form or by sending an email to support@foraycoffee.com. We take your privacy very seriously, will carefully consider your inquiries, and will respond as promptly as possible.